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that domestic violence victims may thus be eligible for asylum as members of a “particular social group” of women. The Note then critiques the weak
civil justice 727 more safely, expressly state that this is what they are doing, thereby satisfying the holdings in the leading federal judicial
sidestep the implications of Reed by applying different First Amendment doctrines to evaluate the challenges that come before them. This divergence
however, those negotiating on behalf of the United States can demonstrate to their negotiating partners that they are constrained by the need to
than the justice of deferring the removal of long-term residents of the United States. At the same time, critics err in thinking that those debates
convicted” prisoners who imagined themselves to be rights-bearing individuals when law told them they were not. Prisoners were the pioneers in theorizing
”; rather, they seek to establish a legal in- terest through the assertion of their claim. Such an ex parte proceeding bears more than a passing resemblance
issuing guidance that binds agency staff as a threat to their ability to carry out their regulatory mission.31 This Note responds to these debates
Sachin Holdheim and the other editors of the Yale Law Journal for improving this Note through their excellent feedback. Finally, I thank the Law
that continues to permeate American civic life. This resemblance, however, is more than a mere surface-level similarity. In many respects, the